amended answerCal. Super. - 1st Dist.October 13, 2021Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS 8e DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Dfive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants Wheels Up Partners, LLC and GAMA Aviation, LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 12 13 14 16 17 18 19 SHARON BARR-DAY and BRANDON DAY, Plaintiffs,, vs. WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Aviation Signature, Currently Unknown Pilot in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. Case No. CGC-20-584022 DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC'S FIRST AMENDED ANSWER TO PLAINTIFFS'NVERIFIED COMPLAINT 20 21 22 23 24 25 26 27 28 COME NOW defendants Wheels Up Partners, LLC and Gama Aviation, LLC (collectively referred to herein as "Defendants"), in response to the unverified complaint for damages of plaintiffs on file herein, in accordance with Section 431.30 of the Code of Civil Procedure, herewith generally deny each and every, all and singular, the allegations therein contained, and in this connection, Defendants deny that plaintiffs have been injured or damaged in any of the sums mentioned in the complaint, or in any sum whatsoever or at all, as a result of any act or omission of Defendants. AS A FURTHER, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT ON FILE HEREIN, Defendants allege that plaintiffs'omplaint, 1 First Amended Answer to Unverified Complaint Case No: CGC-20-584022 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/10/2020 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk 10 12 13 14 and each cause of action thereof, is barred by the applicable period of limitations codified in Code of Civil Procedure Sections 335.1, 340(c), 338(b) and (c), 337, and 339. AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT ON FILE HEREIN, Defendants allege that he is entitled to a set- off for all amounts paid to the plaintiffs by other defendants through settlements. AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT ON FILE HEREIN, Defendants allege that plaintiffs'omplaint, and each cause of action thereof, is preempted by federal law, including, but not limited to, the provisions of the Federal Aviation Act of 1958 and the General Aviation Revitalization Act of 1994, 49 U.S.C. section 40101, et seq., and the Federal Aviation Regulations promulgated pursuant thereto. WHEREFORE, Defendants pray that plaintiffs take nothing against them by their complaint; and that Defendants have judgment for their costs of suit herein incurred, together with such other and further relief as may be just and proper. 15 16 17 18 19 20 Dated: July 9,2020 CODDINGTON, HICKS ~F&RT- Randolp~icks Mahrrroud A. Fadli~ Attorneys for Defendants Wheels Up Partners, LLC and GAMA Aviation, LLC 21 22 23 24 25 26 27 28 First Amended Answer to Unverified Complaint Case No: CGC-20-584022 684219 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is aprasad(Rchdlawvers.corn 10 I am readily familiar with my employer's business practice fot collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. 12 On July 10, 2020, I served a copy of each of the documents listed below by placing them for processing as indicated herein. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC'S AMENDED ANSWER TO PLAINTIFFS'NVERIFIED COMPLAINT United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be depostted in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the patty or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's offtce. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Coutt Rule 2.257(a). FederaL The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic nansmission did not reach the recipient. 8 PERSONS OR PARTIES SERVED: 10 William E. Manning, Esq. lennifer Z. Krenzin, Esa. Van De Poel, Levy, Thomas, Arneal LLP 1600 S. Main Plaza, Suite 325 Walnut Creek, CA 94596 12 13 14 Telephone: Facsnnile: E-mail: E-maiL (925) 934-6102 (925) 934-6060 wmannins (Rvanlevvlaw.corn ikrenzin8vanlevvlaw.corn 15 16 17 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was ex uly 10, 2020. 18 19 AniMPrasad 20 21 22 Coute Safarr'or Coact ofCaicforaia,Sao Fraocicco Coaorr Aeuou Nm CGC20-584022 Case Name: Barr-Dc0c v. IVbccic Up, LLC 23 24 25 27 28